mOOnGLaDe joins Team Invidia - Page 9

On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."

On March 09 2012 18:50 Belisarius wrote:


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?

On March 09 2012 17:03 SwitchAUS wrote:
Girt by sea, bitches :D

On March 09 2012 18:50 Belisarius wrote:


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?

On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?
If anything, our name implies association to vehicle customisation, not graphics processors.
Please understand the origin of the word before claiming "copyright infringement."

On March 08 2012 23:31 Dox wrote:

I hope you realise the word "Invidia" has been around a loooooooot longer than the company "Nvidia."

On March 09 2012 18:50 Belisarius wrote:


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?

On March 10 2012 01:06 PooNinja wrote:

Well said!

No disrespect intended to your new team (fan of Glade here), but I'm finding it kind of hard to take you seriously Dox, when you shrug off so nonchalantly these important and valid issues that people are raising. Do you really think a judge is going to find statements like these:

and this:

as compelling defences against litigation brought against you?

Did you really not seek legal advice before entering into this setup? If not, that concerns me, because it conveys to me that the team isn't being set up and managed in a professional manner.

On March 09 2012 17:58 PooNinja wrote:


A chapter out of a book by one of Australia's best IP lawyers, SC Shane Simpson:
http://www.simpsons.com.au/wp-content/uploads/music_business_3_chapter_011.pdf

Before you say, "wait that book is about the music industry", just read the first 3 pages, and ignore anything that specifically relates to music. It applies to any branding, so just extract the key statements from it.

Here are some particularly interesting parts:

"Don’t assume that you don’t have a problem just because the other user of the name is in a different business or in another geographical area. They may well have the right to stop you from using the name."

"If your searches reveal that someone else is using a name identical or even similar to the one you want to use, be careful! Don’t assume that ‘things will be all right’."

"In the general law, there is an action called ‘passing off ’, which prohibits any party from misrepresenting itself (or its goods or services) as though it was another. In other words, it prohibits the false appropriation of the other’s reputation."

Trade Practices Act s53 regarding false representations:
http://www.austlii.edu.au/au/legis/cth/num_act/tpa1974149/s53.html